The claims
The claims
Claims 1 and 3 were the claims in issue, set out here with claim 1 divided into 17 integers:
Claim 1 | |
1 | A device for removing a stone, a stone fragment or a foreign body from a patient comprising: |
2 | (i) a suction evacuation assembly (10) which includes a sheath (20) and one or more side arms (50, 60); |
3 | said sheath (20) having a proximal end (21) and a distal end (22) |
4 | (ii) an obturator (90) having a straight or tapered distal end (92) which is inserted into a proximal end (21) of the sheath (20) and which extends beyond the distal end (22) of the sheath (20) |
5 | and is releasably secured to the proximal end (21) of said sheath (20); |
6 | (iii) a side arm (50) emanating from the outer surface (24) of said sheath (20), |
7 | wherein said side arm (50) further comprises a pressure regulating mechanism (110) in the form of a longitudinal slit in respect of the axis of the side arm (50) |
8 | which allows a person using the suction evacuation assembly (10) to increase the negative pressure within the suction evacuation assembly (10) by covering the pressure regulating mechanism (110) or decrease the negative pressure within the suction evacuation assembly (10) by uncovering the pressure regulating mechanism (110); |
9 | (iv) optionally, an accessory side arm (60) emanating from the outer surface (34) of said sheath (20); |
10 | (v) said sheath (20) having a lumen (23) which is the same diameter as a lumen (53) of said side arm (50) and if present as a lumen (63) of said accessory side arm (60) |
11 | (vi) a flexible cap (100) releasably secured to the proximal end (21) of the sheath (20); |
12 | (vii) a proximal end of a primary tube (76) releasably secured to said side arm (50) or if present said accessory side arm (60) and a distal end (72) of said primary tube (76) releasably secured to a collection container (80); |
13 | (viii) a proximal end of a secondary tube (78) releasably secured to said collection container (80) and a distal end of said secondary tube (78) releasably secured to a negative pressure system (120) |
14 | (ix) wherein said obturator (90) can be withdrawn from said sheath (20) and a scope can be inserted into the sheath (20) through the flexible cap (100) and into said patient in order to visualize said stone or foreign body using said scope; and |
15 | (x) wherein the negative pressure system (120) can be activated in order to remove said stone or foreign body from said cavity if a diameter of said stone or foreign body is narrower than an inside diameter of said sheath (20) and said side arm (50), |
16 | or lithotripsy can be performed on said stone or said foreign body in order to create fragments with a decreased diameter which allow the passage of said fragments within the inside diameter of said sheath (20) and said side arm (50); |
17 | and the stone, foreign body and/or fragments can be collected in said collection container (80) |
Claim 3 | |
1 | The device of claim 1 further comprising: a flexible, deflectable tip secured to the distal end (42) of the distal sheath (40) which will enable the user to adjust the direction of suction, irrigation, instrument placement, or removal of a stone, stone fragment or any other foreign body or tissue from a patient |
- Heading
- Judge Hacon
- The skilled person
- The expert witnesses
- Technical Background
- The Patent
- The claims
- Construction
- Claim 3 – a flexible, deflectable tip
- The prior art
- Soble and Russo
- The law on inventive step
- Inventive step over Soble
- Differences between claim 1 and Soble
- Sleeve v sheath
- No obturator in Soble
- A clamp in Soble instead of a flexible cap
- Conclusion on Soble and inventive step
- Wan
- Piercing stylus, obturator and trocar
- Inventive step of claim 1 over Wan
- Inventive step of claim 3 over Wan
- Added matter
- Method of treatment or diagnosis
- Infringement
- Normal construction
- Sizes 10-13 as equivalents
- Conclusions
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